top of page

What are my options if my ex-spouse is not paying child support?

When a marriage ends, the well-being of any children involved is always a top priority. One way to ensure that the children are taken care of financially is through child support payments. However, sometimes an ex-spouse may not fulfill their obligation to pay child support, leaving the custodial parent in a difficult financial situation. This article will explore what options are available in North Carolina for parents who are not receiving child support payments and provide some guidance on how to navigate this complex situation.

A women with hand extended towards Child's hand

In North Carolina, the law requires the parent who does not have primary physical custody of the child to pay child support to the custodial parent. The amount of child support is determined by the North Carolina Child Support Guidelines, which take into account several factors, including each parent's income, the number of children involved, and the amount of time each parent spends with the children. The goal of child support is to provide financial support for the child's basic needs, such as food, clothing, shelter, and medical care.


Unfortunately, there are situations where an ex-spouse may not fulfill their child support obligation. This can be a frustrating and stressful situation for the custodial parent, who relies on those payments to provide for their children. Luckily, there are several steps that can be taken to enforce the child support order and ensure that the children receive the financial support they need.


One option available to parents is to file a Motion for Contempt. This is a legal action that can be taken if your ex-spouse is willfully disobeying the court order to pay child support. The court will review the evidence and determine whether your ex-spouse is in contempt of the court order. If the judge finds that your ex-spouse is in contempt, they can impose penalties such as fines, or even jail time. This legal option can be an effective way to enforce the child support order and ensure that your ex-spouse meets their financial obligation to your children.


Another option available to parents is to file a Motion to Modify the Child Support Order. If you or your ex-spouse's financial situation has changed, you may be able to modify the child support order. For example, if your ex-spouse lost their job or had a significant decrease in income, they may be able to pay less child support. On the other hand, if your financial situation has changed, you may be able to request an increase in child support. It's important to note that modifying a child support order can be a complicated process, so it may be helpful to consult with an attorney to navigate this process.


A third option available to parents is to use wage garnishment to enforce a child support order. In North Carolina, wage garnishment can be used to automatically deduct child support payments from your ex-spouse's paycheck and it be placed in an account with the Court for you.. This can be an effective option for parents who are having trouble getting their ex-spouse to make regular payments. Wage garnishment can be set up through the North Carolina Child Support Enforcement Agency, and they can assist with the necessary paperwork and process.


Seeking assistance from a support group can also be a helpful option for parents who are struggling with the stress of navigating this issue. These groups can provide emotional support, guidance, and resources on how to navigate the legal system and enforce a child support order. Support groups can also provide a safe and supportive environment to share your experiences and get advice from others who have gone through a similar situation.


If you're having difficulty navigating the legal system on your own, reach out to us here at Piedmont Eastern Litigation. Our experienced family law firm can help you understand your rights and options and represent you in court if necessary. We can also help you gather the necessary evidence to support your case and ensure that your legal rights are protected for you and your children.


It's important to remember that child support is meant to provide for the needs of your children. By taking legal action to enforce the child support order, you're not just advocating for yourself, you're also advocating for your children's well-being. The financial support that child support provides can make a significant difference in a child's life and can help them thrive despite the challenges that come with a divorce.


It's important to note that parents who are not receiving child support payments should not take matters into their own hands. While it may be tempting to withhold visitation or use other tactics to get the non-paying parent to comply, these actions are not legal and can result in further complications. It's essential to follow the legal process and seek assistance from the appropriate resources to enforce the child support order, and not to alienate the minor child(ren) from the non-paying parent.


19 views0 comments

Comentários


bottom of page